Difficulty: the obligations of the company
The following provisions concern companies with a minimum workforce of 50 employees.
The new obligations concern employers, the Health, Safety and Working Conditions Committee (CHSCT) as well as the professional branch on which the company depends.
New employer obligations:
The employer must implement preventive actions concerning hardship at work.
He must record on an individual sheet:
- The hardship conditions to which employees are exposed;
- The period during which this exposure occurred;
- The preventive measures implemented to reduce or eliminate these factors.
The individual file is sent to the occupational physician, and a copy will be given to the employee:
- when leaving the company;
- in the event of a work stoppage of a certain duration;
- in the event of occupational disease.
New obligations for the CHSCT of the employer:
The CHSCT will analyze the exposure of the company’s employees to hardship factors in their workplace.
New obligations for the professional branch:
A collective agreement may create a “relief” or “compensation” system for the workload of employees engaged in arduous work.
The relief will be in the form of:
- a part-time transfer;
- of a tutoring mission.
Difficulty and lack of prevention: what penalty?
If companies do not fulfill the obligations set out in the paragraph above, they may suffer a penalty of 1% on the payroll.
Agreement must be in place before the end of 2011
The obligation concerns companies:
- at least 50 employees (or belonging to a group with at least 50 employees);
- employing a minimum proportion of employees exposed to occupational risk factors.
Companies with a workforce of between 50 and 299 employees
If an extended branch agreement is in force, companies are not subject to the obligation to negotiate a collective agreement.
1% penalty
If the company has not drawn up a collective agreement or has not set up an action plan, or if the company whose workforce is between 50 and 299 employees does not have a extended branch, then a penalty must be paid on July 1, 2012.
The penalty will be equivalent to 1% of the remuneration paid to the employees for the periods during which the company did not respect its obligation.
Inequalities between men and women: what is the risk for the company?
Companies with at least 50 employees must put in place measures to combat professional inequalities between men and women. A collective agreement or an action plan must be concluded in order to reduce any wage gap between men and women.
The action plan should indicate:
- the objectives set and the measures taken during the past year;
- the progress objectives planned for the current year;
- the qualitative and quantitative definition of the planned actions, as well as the corresponding costs.
If the company has not reached a collective agreement or has not implemented an action plan, a penalty must be paid on July 1, 2012.
The penalty will be equivalent to 1% of the remuneration paid to the employees for the periods during which the company did not respect its obligation.